Mats Inc. Warranty
For Cocoa Mat
Page 1 of 2
Mats Inc. Limited Warranty
For Cocoa Mat
Mats Inc. (“SELLER”) warrants that Cocoa Mat floor covering (the “Product”) sold to the first end user (“END
USER”) will be free of manufacturing defects in materials under normal use subject to Section VI limitation and will
be stored, installed, and maintained strictly in accordance with the SELLER’s instructions for a period as provided
in Section IV of this Limited Warranty.
Receipt and installation of the Product constitutes acceptance of this Limited Warranty and all of
its terms, conditions, limitations and disclaimers.
This Limited Warranty applies only to indoor installations sold to the first END USER of the Product and becomes
void on the transfer or sale of the Product or the use of the Product by any party other than END USER.
I. Installation and Maintenance Requirements
This Limited Warranty applies only if:
(A)
The Product is installed using an installer with proven experience in performing work similar to that
required for the Product, or an installer who is certified in similar product installation. Acceptable
certifications include The International Standards and Training Alliance (INSTALL), The International
Certified Floorcovering Installers Association (CFI), and Flooring American University.
(B)
The product is installed and maintained according to the SELLER’s instructions furnished to END USER at
the time of purchase; and
(C)
The Product is not misused or abused, and there is no evidence of mishandling, neglect, modification or repair
without the approval of SELLER, or damage done to the product by anyone other than SELLER.
II. Method for Obtaining Warranty Service
To obtain a replacement product under this Limited Warranty, END USER must
(A)
provide SELLER with a written notice of any alleged defect within the warranty period stated in Section IV
and ten (10) days of its discovery, and
(B)
ship the photographs of the defective product(s) to SELLER, at 179 Campanelli Parkway, Stoughton, MA
02072, with mailing or shipping charges prepaid (“Warranty Claim Procedures”).
III. Warranty Service Provided
(A)
If the Product shall be proved to SELLER’s satisfaction to be defective, within the applicable warranty period
described below, SELLER’s obligations under this Limited Warranty shall be limited to either repairing or
replacing the Product, at SELLER’s sole discretion, if such defect was caused solely by defective materials.
Such repair or replacement shall be SELLER’s sole obligation and END USER’s exclusive remedy hereunder
and shall be conditioned upon END USER’s fulfilling its obligations under SELLER’s Warranty Claim
Procedures.
(B)
Pursuant to Subsection (A), SELLER’s warranty services will specifically include providing END USER with
alternative floor covering of comparable quality to cover the remainder of the warranty period and/or carry
out necessary repairs of the Product. This includes material costs only, and does not include labor.
IV. Warranty Period
This Limited Warranty of the Product, and any implied warranties provided to END USER by state law not
otherwise excluded or disclaimed in this Limited Warranty, apply for six (6) months, starting from the date of
shipment of the Product from SELLER’s manufacturing or distribution facilities, including motor drive or other
means of transportation.
Rev 12/15
Mats Inc. Warranty
For Cocoa Mat
Page 2 of 2
V. Exclusions from Warranty
(A)
This Limited Warranty does not apply to shedding. Shedding is an inherent characteristic of this natural fiber
and is not included under this Limited Warranty.
(B)
This Limited Warranty does not apply to nosing or seaming.
(C)
This Limited Warranty does not apply to outdoor installations.
(D)
This Limited Warranty does not apply to Product which has been discontinued or to a particular color or design
which has been discontinued, at the time of sale, or to Product sold as seconds or B grade.
(E)
The following is not included under this Limited Warranty:
1. Color deviations as compared to physical, printed, and/or electronic representations
2. Damage caused by improper storage and handling prior to installation;
3. Cuts, burns, pilling, staining, soiling, matting, fading or marks on the Product unless SELLER is
notified as soon as the Product is received by the END USER;
4. Damage due to inadequate protective matting at entryways and landings;
5. Excessive wear from presence of sand and/or grit on installed material;
6. Damage due to the absence of or inadequate floor rests and floor protectors;
7. Periodic adjustments and/or shifting not caused by the Product. Such shifting is normally the result of
improper installation or use of poor adhesives;
8. Damage caused by excessive moisture or alkali in the concrete slab;
9. Misuse or abuse of the Product by the END USER; and
10. Damage caused by unreasonable use and/or negligence.
VI. Limitations on Warranty
This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to END USER by
SELLER. SELLER does not authorize any other person to give any other warranties on SELLER's behalf.
SELLER disclaims any express warranty not provided herein and any implied warranty, guaranty or
representation as to performance, quality and absence of hidden defects, and any remedy for breach of
contract, which but for this provision, might arise by implication, operation of law, custom of trade or course
of dealing, including implied warranties of merchantability and fitness for a particular purpose. SELLER
further disclaims any responsibility for losses, expenses, inconveniences, special, indirect, secondary or
consequential, incidental, and contingent damages whatsoever, including damages arising from ownership or
use of product.
Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the
express warranty set forth herein. If END USER has a claim under this Limited Warranty or under any implied
warranties provided to END USER by state law, END USER may not file a court action based on that claim any later
than one (1) year after END USER’s right to file a court action accrues. In those states which do not allow this
limitation on the time period for filing a court action, this provision is inapplicable.
VII. Seller’s Liability
SELLER’s liability with respect to the Product sold to END USER shall be limited to the warranty provided herein.
SELLER shall not be subject to any other obligations or liabilities, whether arising out of breach of contract,
warranty, tort (including negligence and strict liability) or other theories of law, with respect to products sold or
services rendered by seller, or any undertaking, acts or omissions relating thereto.
Without limiting the foregoing, SELLER specifically disclaims any liability for property or personal injury damages,
penalties, special or punitive damages, damages for lost profits or revenues, services, down time, shut down or
slow down costs, or for any other types of economic loss, and for claims of END USER’s customers or any third
party for any such damages. SELLER shall not be liable for and disclaims all consequential, incidental and
contingent damages whatsoever.
VIII. Miscellaneous
Any description of the Product, whether in writing or made orally by SELLER or SELLER’s agents, specifications,
samples, models, bulletins, drawings, diagrams or similar materials used in connection with END USER’s order,
are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any
suggestions by SELLER or SELLER’s agents regarding use, application, or suitability of the Product shall not be
construed as an express warranty unless confirmed in writing by SELLER to be such.
Rev 12/15